When Immigrant injured at work / on road, they are especially vulnerable because lack of family support and local knowledge to deal with the stress and complications of claiming procedures.
When it comes to the rights to be cared or be compensated, most of the immigrants find the convoluted process of claim is very daunting.
The study has found that Immigrant or expat can have difficulty to apply the law correctly due to the convoluted system, or did not build up the evidence to representing yourself under the stress of injury.
Injured at work / on road
Immigrant/ expat is injured at workplace
One advantage that immigrant or expat has possessed, is their overseas connections. Such a connection often leads to a more globalised workplace or business.
We know that Australia has a comprehensive social and legal system that can cover the injured at work, but would work-related injuries incurred overseas be covered by Australian workplace injury laws?
YES, it is possible. But this will require an examination of how an injury occurred, and play the rules rigorously with some set of time limitations.
What can you claim?
- Income loss
- Medical expenses
- Travel expenses
- Domestic care & assistance
- Future losses
- Pain and suffering (or permanent impairment)
What’s the process to claim?
Report the injury in your employer’s injury book.
If there is no injury book at your workplace, provide your employer with written details of your injury and keep a copy of your written account of the injury. Your injury can be reported by email to your employer within 2 days.
Complete a notice of injury form and give it to your employer.
Consult your health care provider.
Consult your own general practitioner on the day of injury for a WorkCover NSW – Certificate of Capacity. You should attend your own general practitioner for all treatment advice.
Contact the insurance company for immediate medical assistance and provisional payment within 7 days.
Request a workers compensation claim by your employer, Or you can claim compensation directly to the insurance company within 6 months.
Who is entitled for road accident?
Let’s be clear: a visitor, student, temporary workers, permanent resident, or a person without holding visa holder in Australia, all are entitled to have the compensation for injury from a car accident. Your visa status would not affect your claim and benefits.
It is fair to say anyone who is injured in a motor vehicle accident in NSW can apply for compensation, includes:
- drivers and passengers
- riders and pillion passengers
The injury can be physical or psychological.
What to do after car injury?
Take photo of number plates and the driver’s license of the driver involved in the accident.
Seek medical assistance.
You should immediately seek medical help, either from your local general practitioner or, if necessary, at the Emergency Department of the nearest hospital.
Report to Police.
The accident caused your injury needs to be reported to the police within 28 days and you need to obtain an event number from the police. If the accident is not reported within 28 days, then you may not be able to make a claim for personal injury benefits.
Get the evidence
- Contact details of anyone who witnessed the accident.
- The time, date, and location of the accident, including the nearest cross street.
- Whether police or ambulance attended the scene of the accident.
- If possible, take photographs of the accident scene including the location and any damage to any of the vehicles.
What’s the process to claim?
You need to notify the insurer of the vehicle that you consider to be at fault within 28 days.
You need to complete the application for personal injury benefits form. Provide as many details about the accident as you can, including the police event number, details of your injuries and what medical treatment you’ve already received.
Accept the investigation by the insurance company or its agent and waiting for the results of the claim.
What you could get?
You could get personal injury benefits for up to six months of weekly payments and medical expenses, even if the accident was your fault (unless you are charged with a serious driving offence then you may not be able to make a claim).
After six months, you are only entitled to continue to receive weekly payments of compensation and medical expenses if the insurer decides that:
- The accident was caused by the fault of another driver (that is the accident was not your fault); and
- You have more than a “minor injury”.
When you are approached by an investigator for the accident happened to you, or you are unable to find anyone who is responsible for your injury, then you should talk to a lawyer before providing any statement to authority.